Bill Text: NY A09851 | 2017-2018 | General Assembly | Introduced

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Bill Title: Exempts certain property from the prohibition of alcohol sales within a certain distance from a church.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-08-24 - signed chap.240 [A09851 Detail]

Download: New_York-2017-A09851-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9851
                   IN ASSEMBLY
                                    February 14, 2018
                                       ___________
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Economic Development
        AN ACT to amend the alcoholic beverage control law,  in  relation  to  a
          license to sell liquor at retail for consumption on certain premises
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 7 of  section  64  of  the  alcoholic  beverage
     2  control  law  is  amended  by  adding  a new paragraph (e-10) to read as
     3  follows:
     4    (e-10) Notwithstanding the provisions of paragraph (a) of this  subdi-
     5  vision,  the  authority  may  issue  a  retail  license  for on-premises
     6  consumption for a premises which shall be  located  within  two  hundred
     7  feet  of  a  building  occupied as a church, synagogue or other place of
     8  worship, provided such premises constitute a premises for  the  sale  of
     9  food  or  beverages  at  retail  for consumption on the premises located
    10  wholly within the boundaries of the county of  Washington,  bounded  and
    11  described as follows:
    12    ALL THAT CERTAIN PARCEL OF LAND located at the southeasterly corner of
    13  the  intersection  of  Main  Street  and  Maple Street in the Village of
    14  Hudson Falls, Washington County, New York, and which said parcel in more
    15  particularly bounded and described as follows:
    16    BEGINNING at a point marking the intersection of the  easterly  bounds
    17  of Main Street with the southerly bounds of Maple Street; running thence
    18  from the point of beginning in an easterly direction along the southerly
    19  bounds  of Maple Street. South 86 degrees 47 minutes 40 seconds East for
    20  a distance of 229.47 feet to a point;  running  thence  in  a  southerly
    21  direction, south 07 degrees 28 minutes 10 seconds West for a distance of
    22  100.05  feet  to a point; running thence in a northerly line of lands of
    23  the First Baptist Church of Hudson Falls; running thence in  a  westerly
    24  direction  along  the northerly line of said lands of said Church, North
    25  84 degrees 58 minutes 20 seconds West for a distance of 206.70 feet to a
    26  point in the easterly bounds of Main Street; running thence in a  north-
    27  erly  direction  along  the  easterly  bounds  of  Main Street, North 06
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14691-01-8
        A. 9851                             2
     1  degrees 11 minutes 40 seconds West for a distance of 94.47 feet  to  the
     2  point of beginning. The same to contain 0.483 acres ±.
     3    REFERENCE  to  the  above description is a survey map titled "Map of a
     4  Survey of Lands of the County of  Washington"  prepared  by  Charles  T.
     5  Nancy,  Licensed  Land Surveyor, Dated August 4, 1994 and on file at the
     6  Washington County Clerk's Office in Drawer 31B of Maps  and  Map  Number
     7  31B-160.
     8    ALL  THAT  CERTAIN  LOT  OR  PARCEL OF LAND situated in the Village of
     9  Hudson Falls, Washington County,  New  York  bounded  and  described  as
    10  follows:
    11    BEGINNING at a point on the south line of Maple Street in said Village
    12  fifty  feet  westerly of a steel bolt in the northwest corner of the New
    13  York Telephone Co.'s Lot, which said point is  at  the  west  end  of  a
    14  retaining  curbing  to  the south line of brick driveway, thence running
    15  north 75 degrees east along said south line of Maple Street  fifty  feet
    16  to a bolt driven in the ground for a monument as a marker; thence south-
    17  erly  one hundred and eight and seven tenths feet to an iron bolt driven
    18  in the ground fifty feet from the west  line  of  lot  hereby  conveyed;
    19  thence easterly fifty-one feet to a large iron pipe driven in the ground
    20  for  a  monument; thence southerly about two feet easterly of the garage
    21  building on said property fifty-six feet to the location of the boundary
    22  line between lands formerly owned by Elisha Baker, and Samuel Tappin and
    23  U. Cornell Allen, the same being the  southerly  boundary  line  of  the
    24  premises  hereby  conveyed;  thence  westerly  on said boundary line one
    25  hundred and two feet to the east line of the Baptist Church  lot,  which
    26  lot  last  mentioned  line  is monumented; thence along the east line of
    27  said Church lot and the lot formerly owned by Crenville M. Ingalsbe  one
    28  hundred and sixty-one feet to the place of beginning.
    29    The  above  described premises are conveyed subject to a certain right
    30  of way over same heretofore granted by George H. Newton to Hudson  River
    31  Telephone  Co.  by  Deed  dated July 10, 1915 and recorded in Washington
    32  County Clerk's Office in Liber 138 of Deeds at Page 134.
    33    A more modern  description  of  the  above  premises  is  as  follows:
    34  Commencing  in  the  southerly  bounds  of Maple Street at the northwest
    35  corner of premises formerly  of  New  York  Telephone  Company;  running
    36  thence  along  the  westerly  bounds  of said lands formerly of New York
    37  Telephone Company; running thence along  the  westerly  bounds  of  said
    38  lands  formerly  of  New  York  Telephone Company on a course of south 7
    39  degrees 29 minutes west for a distance of 108.66 feet to a point  for  a
    40  corner;  running  thence south 85 degrees 03 minutes east for a distance
    41  of 50.97 feet to an iron pipe found for a corner; running thence south 8
    42  degrees 35 minutes west for a distance of 56.65 feet  to  an  iron  pipe
    43  found  for a corner; running thence north 83 degrees 40 minutes west for
    44  a distance of 101.94 feet along the northerly bounds of  lands  formerly
    45  of  O.T.   Griffin to a point for a corner in the easterly bounds of the
    46  Baptist Church lot; running thence north 8 degrees 17 minutes east for a
    47  distance of 162.10 feet to a point in  the  southerly  bounds  of  Maple
    48  Street;  running  thence south 85 degrees 57 minutes east for a distance
    49  of 49.90 feet to the point and place of  beginning.  The  aforedescribed
    50  premises  are  depicted  on a certain "Map of Lands of Village of Hudson
    51  Falls at "#8 Maple Street" dated November 2, 1953 by Leslie W.   Coulter
    52  and  filed  in the Washington County Clerk's Office on January 11, 1954,
    53  as Map No. 02.
    54    § 2. This act shall take effect immediately.